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A Primer on Copyrights
A short introduction to copyrights, with links to other materials.
What is a copyright?
A limited right given to the author to prevent others from engaging in activities (such as copying) with the author's copyrighted materials.
What is copyrightable?
The expression of ideas in:
- Literary works
- Music
- Drama
- Pictures
- Movies
- Computer Software
How long does a copyright last?
This is not an easy question because several factors affect when a work falls into the public domain. In general, for works "made for hire," the term is the lesser of 95 years from publication, or 120 years from the date of creation. For other works, the term is the life of the author plus 70 years. A detailed schedule of copyright term can be found here.
How do you prove infringement of a copyright?
You must prove copying by showing access to your code by others, and a substantial similarity between your code and their code.
What are the limits of copyright?
- Copyright does not prevent others from independently developing similar ideas or the same ideas.
- Copyright will not prevent a competitor from developing (from scratch) a software program that performs the same or similar functions.
- Note, there are some fair use exceptions to infringement. However, there are organizations who are actively seeking to preclude the fair use exceptions.
- Backup copies expressly permitted. (But your ability to exercise your right is questionable because of technological measures implemented by copyright owners and equipment manufacturers who obey the copyright owner's dictates.)
